F I L E D

UNITED STATES COURT OF APPEALS

United States Court of Appeals

Tenth Circuit

TENTH CIRCUIT

NOV 25 1997

PATRICK FISHER
Clerk

USMAN SHEHU SULE,

Plaintiff-Appellant,
v.

No. 97-1209
(D.C. No. 95-S-2042)

UNITED STATES OF AMERICA,

(D. Colo.)

Defendant-Appellee.
ORDER AND JUDGMENT*
Before BALDOCK, McKAY, and LUCERO, Circuit Judges.

After examining the briefs and the appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of this
appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered
submitted without oral argument.
Plaintiff, an inmate incarcerated at the United States Penitentiary-Administrative
Maximum (ADX) in Florence, Colorado, filed a complaint pursuant to the Federal Tort
Claims Act (FTCA), 28 U.S.C. 1346(b) and 2671-2680, for the negligence of the

This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
*

United States in maintaining an overcrowded prison at the Federal Correctional

Institution in Sheridan, Oregon.
We affirm the determination of the magistrate judge as accepted by the district
court in its Order of Dismissal filed May 20, 1997, that the claim here is properly barred
by res judicata. Because the district court correctly determined that Plaintiffs claim is
barred by res judicata, we need not address the discretionary function issue.

AFFIRMED.
Entered for the Court

Monroe G. McKay
Circuit Judge